The passing of the NDAA means that victims of military medical malpractice can now come forward with their claims. Filing a military medical malpractice lawsuit is straightforward and can earn you financial compensation for your losses.
Service members have already been awarded military medical malpractice settlements to cover the costs associated with their injuries.
If you or a loved one suffered injuries resulting from malpractice during your time in service, you may qualify to participate in a military medical malpractice lawsuit. Contact a military medical malpractice lawyer to discuss your legal options.
Steps to File a Military Medical Malpractice Lawsuit
First and foremost, you should do everything in your power to mitigate injuries by seeking proper medical treatment from a new doctor and following that doctor’s instructions.
After mitigating injuries, you should hire a personal injury lawyer to represent you as your military medical malpractice lawyer.
You can begin to gather evidence for your case – your lawyer will help you in this process. Medical files, military service records, medical bills, and other costs associated with your injury are all strong forms of evidence to support your claim.
Your military-medical malpractice lawyer will need to determine liability – meaning, he or she will determine which party or parties are at fault for your injuries.
You will demand compensation for the damages that you incurred as a result of those injuries. In some cases, the service member would demand compensation for both punitive damages and compensatory damages.
Your lawyer will file your complaint, which will either be paid out or reviewed by the state department. In some cases, your claim may be disputed and you may enter a military medical malpractice lawsuit trial.
Claims for Military Negligence
The first claim of military negligence was filed on January 1, 2020. It is not clear how many other veterans have taken advantage of the new policy, but lawyers nationwide are preparing for military negligence claims. Negligence describes cases where medical workers had no intention of harming the patient. If a soldier is injured because of a surgery that was proven to be necessary for him, it may be classified as negligence. An assessment from a legal expert is required to classify an injury as having resulted from military negligence, military malpractice, or neither.
Claims for Military Malpractice
Military malpractice claims are being reviewed alongside military negligence claims. These claims are more demonstrably tied to ill-intent on the part of a doctor or nurse. It could be that your doctor chose to prescribe medication in order to receive a financial bonus, for example. That prescription ended up damaging your health because it was not a necessary treatment option. If you are not sure whether your case qualifies as malpractice or negligence, talk to a military medical malpractice lawyer.